Residency Requirements

In order to file for divorce in the State of Delaware, either you or your spouse must have resided in the State of Delaware for at least 6 months or have been stationed in Delaware as a member of the military for at least 6 months.

Grounds

The grounds recognized by Delaware are an irretrievable breakdown of the marriage relationship, which is deemed to occur when there is:

1. Voluntary separation for 6 months
2. Separation caused by respondent's misconduct:
- Adultery
- Bigamy
- Conviction of serious crime
- Physical or oral abuse of spouse or children
- Desertion
- Homosexuality
- Refusal to perform marriage obligations
- Contracting venereal disease
- Habitual alcoholism or drug abuse
3. Insanity
4. Incompatibility

Child Custody

The parties may either agree to joint or sole legal and physical custody of their child(ren), or in a contested situation, the court may award either joint or sole legal custody. The court will determine residential arrangements (physical custody) for the child, each in accordance with the best interests of the child.

Some of the factors to be considered in any custody determination are the wishes of the child and the parents, as well as the bond between the each parent and the child(ren). One may also take into consideration the child’s adjustment to his or her home, school and community, as well as the mental and physical health of all involved.

The Court shall order the parties pay for and participate in a "Parenting Education Course" for all children of the marriage up through 17 years of age, unless the Court, upon motion, determines that participation in the course is deemed unnecessary.

Child Support

Delaware’s specific child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and certain child related expenses are taken into consideration when calculating the child support amount. Child support will continue until the child reaches 18 years of age, and may extend through his or her secondary education.

Mediation

In the state of Delaware, any civil matter on the Superior Court docket can be referred to voluntary mediation. The parties may agree to submit their disputed issues to mediation before or after a divorce is initiated.

Filing Fees

Court filing fees are in addition to the cost of using CompleteCase.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.